Reservation of ownership. 5.1 We reserve the ownership of any and all goods we deliver until they have been paid for in full.
5.2 Before having paid for it in full, the Buyer may neither pledge nor assign the delivery item as security. The Buyer shall inform us in writing without delay in the event of seizure or any other such action on the part of third parties in order to enable us to seek a court injunction in accordance with § 771 of the German Code of Civil Procedure. If the Buyer fails to do so in due time he will be held liable for any damages caused.
5.3 The Buyer shall be entitled to resell the delivery item within the framework of proper business activity. The Buyer herewith and now assigns to us all receivables to the amount of the invoice value of the reserved goods which arise to him vis-à-vis the purchaser or third parties. Even after such assignment the Buyer shall remain authorised to collect such receivables provided he acts in accordance with the contract and is not subject to insolvency. Our entitlement to collect such receivables ourselves shall remain unaffected. We undertake to refrain from collecting such receivables provided that the Buyer meets his payment obligations to us in due form and is not subject to insolvency. If this is not the case we may then demand that the Buyer discloses to us the assigned claims and the related debtors, provides us with all details to enable collection, hands over the relevant documentation and notifies the debtors of this assignment.
5.4 If reserved goods are processed or altered, even together with other items that do not belong to us, then we shall be entitled to co-ownership of the new item according to the proportion of the invoice value of the reserved item vis-a-vis the value of the new item at the time of such processing or alteration. The Buyer shall store all items regarding which we have co-ownership for us at no cost.
5.5 If the value of the collateral provided to us should in total exceed the claims for which the collateral has been provided by more than 20 per cent then we shall be obliged to release collateral to such extent, if requested by the Buyer. It is our choice which collateral shall be released.
Reservation of ownership. 10.1 The goods that have been sold remain our sole property until all outstanding debts arising from the business connection with the Purchaser have been paid in full. The Purchaser has power of disposal of the purchased goods in the ordinary course of business, or he may process the goods until revocation by us.
10.2 Reservation of ownership and power of disposal, as laid down in clause 10.1, also apply to the full value of the manufactured goods produced by processing, mixing and blending or combining our goods. In each case we qualify as the manufacturer. In cases where the goods are processed, mixed and blended or combined with those of a third party, and where the reservation of the latter continues to apply, then we acquire joint ownership in proportion to the invoice value of those processed goods. If security rights of a third party are in fact or in law below that share, the difference will be to our benefit.
10.3 If the Purchaser resells our goods to third parties he hereby assigns the entire resulting payment claim -- or in the amount of our joint share therein (see para. 10.2)
Reservation of ownership. The Client acknowledges without reservation that the Company retains ownership of the products delivered until full payment has been made, i.e., until the Company has received all sums due. Thus, in case of recourse to a financing solution, the Client is not the full owner of the Product until full payment of the price.
Reservation of ownership. SEMIKRON shall retain ownership in the products sold until all claims - including future claims - arising from the business relation will have been fulfilled. In the case of bills and cheques, payment is not considered to be received until said bills and cheques have been honoured. Machining or processing of the products is considered to be carried out on behalf of SEMIKRON. In the event of an intermixture or combination of goods belonging to a third party, SEMIKRON shall acquire a co- ownership share proportionate to the ratio of SEMIKRON products to the third-party objects brought in by the contracting party at the moment of intermixture or combination. In case the contracting party acquires sole ownership of the new object, it already grants a co-ownership share of the said goods proportionate to the ratio of the invoice value of the reserved property to the value of the new goods. The contracting party is entitled, subject to revocation, to resell, but not to pledge or to assign by way of security, the goods which are owned or co-owned by SEMIKRON within the scope of proper business activity. If the contracting party resells SEMIKRON products or his own goods containing SEMIKRON products without receiving the full purchase price in advance or concurrent with the delivery of the object of purchase, he is obliged to conclude an agreement with his customer about retention of ownership in accordance with these terms and conditions. The contracting party already assigns to SEMIKRON all claims it may have from the resale as well as any rights accrued to him from the agreement on retention of ownership made by him. At SEMIKRON’s request, the contracting party is obliged to inform his contracting party of the assignment and furnish SEMIKRON with the information and documents it requires to assert its rights against the purchaser. In the event of delayed payment, other material breaches of contract or in the event of substantial deterioration of the contracting party’s financial circumstances, the contracting party is obliged, at SEMIKRON’s request, to surrender to SEMIKRON, immediately and at its own expense, all property co-owned by SEMIKRON. If the value of the securities arising out of the reservation of title agreement exceeds SEMIKRON’s claims from its business relations with the contracting party by a total of more than 20 %, SEMIKRON shall, at the request of the contracting party, declare the release of securities as it sees fit.
Reservation of ownership. 8.1 ACO reserves the right of ownership, copyright and exploitation rights for all estimates, and other documents and information in physical and non-physical form, in particular in digital form, provided to the CUSTOMER. Documents of a confidential nature must not be made available to third parties without ACO’S prior written consent. Should the CUSTOMER not place an order with ACO or cancel the AGREEMENT, the CUSTOMER shall return the documents immediately upon ACO’S request. Information provided in non-physical form – in particular digital form - shall be deleted by the CUSTOMER and their deletion shall be confirmed in writing to ACO.
8.2 ACO shall retain title to the GOODS (GOODS supplied under reservation of ownership) until full payment of all amounts owed for whatever legal reason including future amounts owed or contingent amounts owed, also from contracts concluded at the same time or at a later point of time. This shall also apply in case payments are made for specifically denominated amounts owed.
8.3 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment ACO may elect without detracting from other remedies which may be available to it, to continue with the AGREEMENT or to cancel it and cancel the sale of any further GOODS to the CUSTOMER and to rely on the provisions of this clause 8 to repossess those GOODS sold and delivered by ACO to the CUSTOMER or to claim specific performance of all the CUSTOMER’S obligations whether or not such obligations would otherwise have fallen due for performance, in either event, without prejudice to ACO’S rights to claim damages.
8.4 In the event that the CUSTOMER acts contrary to the terms of the CONTRACT in any way or defaults in payment, the CUSTOMER shall deliver the GOODS to ACO upon receipt of notice by the CUSTOMER from ACO, without undue delay.
8.5 The CUSTOMER herewith assigns the amounts owed to it from the resale of the GOODS subject to reservation of ownership of ACO. Such amounts owed shall serve ACO as a security to the same extent as the GOODS under reservation of ownership. If the CUSTOMER sells the GOODS subject to reservation of ownership together with the GOODS not sold to it by ACO, the CUSTOMER shall assign the amounts owed to it from the resale, to ACO only in such amounts as corresponds to the resale value of the GOODS delivered by ACO.
8.6 The CUSTOMER shall be entitled to collect the amounts due to it from the resale of the GOODS until...
Reservation of ownership. 1. The User shall reserve ownership of all items delivered and to be delivered up until the point at which the other party has completely fulfilled all payment obligations towards the User.
2. The payment obligations in paragraph 1 shall consist of the payment of the purchase price for the items delivered and to be delivered plus any demands relating to work carried out in connection with the delivery and demands due to culpable shortcoming by the Other Party in fulfilling its obligations including the payment of compensation, out-of-court collection costs, interests and any penalties.
3. If this refers to the delivery of identical, non-individualized items, the consignment of items relating to the oldest invoice shall be considered to have been sold first. Reservation of ownership shall therefore rest in any case on all items delivered, which at the time of claiming reservation of ownership were still in the Other Party’s stocks, shop and/or property.
4. The Other Party may sell on items subject to reservation of ownership in the context of normal business provided it has also stipulated reservation of ownership on the items delivered with respect to its customers.
5. As long as the items delivered are subject to reservation of ownership, the Other Party shall not be entitled to pledge these items in any way or to put them at the disposal of a financier.
6. The Other Party shall be obliged to inform the User immediately in writing if any third parties assert reservation of ownership or other rights on the items subject to reservation of ownership.
7. The Other Party shall be obliged to carefully preserve the items subject to reservation of ownership and to ensure that they are identifiable as the User’s property until it has fulfilled all its payment obligations towards the User.
8. The Other Party shall arrange for consequential loss insurance or fire and theft insurance, that the items delivered subject to reservation of ownership are covered at all times and to make the insurance policy and the respective premium payment receipts available for inspection by the User on first demand.
9. If the Other Party contravenes the conditions of this article or if the User claims reservation of ownership, the User and its employees shall have the irrevocable right to enter the Other Party’s premises and take back the items subject to reservation of ownership without prejudice to the User’s right to compensation due to damage, loss of earnings and interest and the ...
Reservation of ownership. 10.1 The goods that have been sold remain our sole property until all outstanding debts arising from the business connection with the Purchaser have been paid in full. The Purchaser has power of disposal of the purchased goods in the ordinary course of business, or he may process the goods until revocation by us.
10.2 Reservation of ownership and power of disposal, as laid down in clause 10.1, also apply to the full value of the manufactured goods produced by processing, mixing and blending or combining our goods. In each case we qualify as the manufacturer. In cases where the goods are processed, mixed and blended or combined with those of a third party, and where the reservation of the latter continues to apply, then we acquire joint ownership in proportion to the invoice value of those processed goods. If security rights of a third party are in fact or in law below that share, the difference will be to our benefit.
10.3 If the Purchaser resells our goods to third parties he hereby assigns the entire resulting payment claim — or in the amount of our joint share therein (see para.
Reservation of ownership. 1. The ownership of the goods delivered by the Supplier shall transfer to the Counterparty when the Counterparty has paid the Supplier everything due for the delivery of the goods (including the purchase price, any fees payable under these conditions, and any interests and costs).
2. If the Supplier has accepted checks or bills of exchange in the interest of handling the accounts of the Counterparty, all delivered goods shall remain the property of the Supplier until the full amount of these checks or bills of exchange have been paid.
3. If the Counterparty unexpectedly fails to (timely) fulfil any of its obligations, the Supplier shall be entitled to recover all goods or a part of the goods which the Supplier has delivered to the Counterparty in the context of the related transaction. The Supplier shall also have this power if the goods are present at third parties (not being consumers) due to a delivery as aforemen- tioned, provided that the Supplier has not received (full) payment. In the context of recovering the goods as aforementioned, the Counterparty shall be refunded by the Supplier for the value of the goods, to be determined by the Supplier, after deduction of all costs incurred for the re- covery, without prejudice to the right of the Supplier to claim compensation for any resulting damage.
4. The Counterparty of the Supplier shall not be entitled to sell the goods to a third party or offer the goods as security or otherwise encumber them with any right for the benefit of a third party until the payment schedule has been fully complied with and all liabilities towards the Supplier have expired. After the purchaser has met its payment obligations towards the Supplier with respect to the delivered goods, the Counterparty shall be entitled to cooperate with establishing a (standing) pledge for the benefit of the Supplier, with the exclusion of granting the same right to a third party.
Reservation of ownership. 12.1 ROCKWOOL reserves ownership of the Goods delivered and to be delivered, until all its claims in respect of the Goods delivered and to be delivered have been settled in full by the Client.
12.2 If the Client is in default of complying with its obligations, ROCKWOOL shall be entitled to retrieve the Goods belonging to ROCKWOOL (or to have them retrieved) for the account of the Client, from the location where they are held. In this framework, ROCKWOOL shall be entitled to enter the business premises of the Client.
12.3 The Client is not entitled to pledge or transfer ownership of the Goods not yet paid for. The Client is required to store the Goods delivered subject to retention of title with the necessary care, and recognisably as the property of ROCKWOOL.
Reservation of ownership. 4.1. Pending the full payment of all your liabilities from the business relationship with us, we shall remain the owner of the delivery items (goods subject to retention of title). This shall also apply if the price for certain Performances specified by you has been paid. In such a case, the reservation of ownership shall serve as backing of the outstanding balance claims. If the reservation of ownership is attached to specific requirements or formal regulations in your country, you shall be obliged to point them out to us and to ensure the compliance at your expense.
